Carter v. Ambach

Appellate Division of the Supreme Court of New York

Carter v. Ambach

74 A.D.2d 962, 426 N.Y.S.2d 176, 1980 N.Y. App. Div. LEXIS 10779

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 1980

StatusPublished

This text of 74 A.D.2d 962 (Carter v. Ambach) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. Ambach, 74 A.D.2d 962, 426 N.Y.S.2d 176, 1980 N.Y. App. Div. LEXIS 10779 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered November 13,1978 in Albany County, which [963]*963dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the respondent Commissioner of Education. The petitioner seeks a reversal of Special Term upon the following allegation: "The court below * * * ignored the substantial and overwhelming evidence that clearly demonstrates Mr. Carter’s proper tenure area to be that of Principal and wrongly sustained the Commissioner of Education’s decision.” However, the petitioner has failed to establish any error of fact or law and, accordingly, the order should be affirmed for the reasons set forth in the opinion of Mr. Justice Williams at Special Term. Judgment affirmed, with one bill of costs to the respondent and the intervenor-respondent. Sweeney, J. P., Kane, Staley, Jr., Casey and Herlihy, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered November 13,1978 in Albany County, which [963]*963dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the respondent Commissioner of Education. The petitioner seeks a reversal of Special Term upon the following allegation: "The court below * * * ignored the substantial and overwhelming evidence that clearly demonstrates Mr. Carter’s proper tenure area to be that of Principal and wrongly sustained the Commissioner of Education’s decision.” However, the petitioner has failed to establish any error of fact or law and, accordingly, the order should be affirmed for the reasons set forth in the opinion of Mr. Justice Williams at Special Term. Judgment affirmed, with one bill of costs to the respondent and the intervenor-respondent. Sweeney, J. P., Kane, Staley, Jr., Casey and Herlihy, JJ., concur.

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Bluebook (online)

74 A.D.2d 962, 426 N.Y.S.2d 176, 1980 N.Y. App. Div. LEXIS 10779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-ambach-nyappdiv-1980.